POLICIES, TERMS AND CONDITIONS

Terms and Conditions

BY USING THE PREFIES PLATFORMS, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE PREFIES PLATFORMS.

These terms and conditions are effective immediately for those registering accounts starting October 2014.

These terms and conditions (the "Terms") govern your access to and use of Prefies's websites and mobile applications that link to or reference these Terms ("Site"). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with Prefies Inc.,"Prefies"). Do not access or use the Site and Appplication if you are unwilling or unable to be bound by the Terms.

DEFINITIONS

Parties

"You" and "your" refer to you, as a user of the Site and Application. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site and Application. "We," "us," and "our"refer to Prefies.

Content

"Content" means text, images, photos, audio, video,product data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site and Application, such as ratings, reviews, compliments, invitations, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "Prefies Content" means Content that we create and make available in connection with the Site and Applicationa. "Third Party Content" means Content that originates from parties other than Prefies or its users, which is made available in connection with the Site and Application. "Site and Application Content" means all of the Content that is made available in connection with the Site and Application, including Your Content, User Content, Third Party Content, and Prefies Content.

CHANGES TO THE TERMS OF SERVICE

We may modify the Terms from time to time. The most current version of these Terms will be located here. You understand and agree that your access to or use of the Site and Application are governed by the Terms effective at the time of your access to or use of the Site and Application. If we make material changes to these Terms, we will notify you by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site and Application after the effective date of modifications to the Terms indicates your acceptance of the modifications.

TRANSLATION

We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Prefies, and any inconsistencies among the different versions will be resolved in favor of the English version.

USING THE SITE AND APPLICATION

Eligibility

To access or use the Site, you must be 13 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.

Permission to Use the Site and Application

We grant you permission to use the Site and Application subject to the restrictions in these Terms. Your use of the Site and Application are at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

Site Availability

The Site and Application may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

User Accounts

You never need to open an account in order to use Prefies. Prefies is freely available, without the need to open an account. However, there are certain features if you wish to access, in order to grant you access to those features, we ask you to verify your identity (such as through SMS authentication) before registering your mobile device and granting you access to those features. Should you wish to unregister your mobile device, please uninstall the Prefies mobile application and then optionally reinstall it.

If you do not agree with our Privacy Policy or Terms of Service, please uninstall the Prefies mobile application. Your continued usage of the Prefies mobile application will signify your assent to and acceptance of our Privacy Policy and Terms of Service. 

Please contact Prefies via email to support at prefies.com or available web forms with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.

Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site and Application. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide a  phone number other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with Prefies.

CONTENT

Responsibility for Your Content

You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Prefies.

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

Our Right to Use Your Content

We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and Application and any Other Media the right to access Your Content in connection with their use of the Site and Application and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Prefies and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

Ownership

As between you and Prefies, you own Your Content. We own the Prefies Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site and Application Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site and Application excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Prefies Content and the Site and Application, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Prefies Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and Application and the Prefies Content are retained by us.

Advertising

Prefies and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

Other

User Content (including any that may have been created by users employed or contracted by Prefies) does not necessarily reflect the opinion of Prefies. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

RESTRICTIONS

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

You agree not to, and will not assist, encourage, or enable others to use the Site and Application to:

Violate our Content Guidelines below, for example, by writing a fake or defamatory review, trading reviews with other product owners/companies, or compensating someone or being compensated to write or remove a review;

Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;

Promote a business or other commercial venture or event, or otherwise use the Site and Application for commercial purposes, except in connection with a Business Account and as expressly permitted by Prefies;

Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site and Application's search results or any third party website;

Solicit personal information from minors, or submit or transmit pornography; or

Violate any applicable law.

You also agree not to, and will not assist, encourage, or enable others to:

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us at support (@) prefies.com, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

Violate the Terms;

Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site and Application or Site Content  and Application content(other than Your Content), except as expressly authorized by Prefies;

Use any robot, spider, site and Application search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;

Reverse engineer any portion of the Site and Application;

Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site and Application or on any materials printed or copied from the Site or the application;

Record, process, or mine information about other users;

Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;

Reformat or frame any portion of the Site and the Application;

Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Prefies's technology infrastructure or otherwise make excessive traffic demands of the Site or the Application;

Attempt to gain unauthorized access to the Site and the Application, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;

Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");

Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site and the application;

Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or

Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

GENERAL TERMS

  1. We reserve the right to modify, update, or discontinue the Site and Application at our sole discretion, at any time, for any or no reason, and without notice or liability.
  2. We may provide you with notices, including those regarding changes to the Terms by communications through the Site.
  3. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
  4. The Terms contain the entire agreement between you and us regarding the use of the Site and Application, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
  5. Any failure on Prefies's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
  6. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
  7. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Prefies's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
  8. The section titles in the Terms are for convenience only and have no legal or contractual effect.

Guidelines and Privacy Policy

Content Guidelines

By using Prefies, you agree to abide by these guideline:

  1. Inappropriate content: Colorful language and imagery is fine, but there's no need for threats, harassment, lewdness, hate speech, and other displays of bigotry.
  2. Conflicts of interest: Your contributions should be unbiased and objective. For example, you shouldn’t write reviews of your own Products or employer, your friends’ or relatives’ products, your peers or competitors in your industry, or businesses in your networking group. Product owners should not ask customers to write reviews.
  3. Promotional content: Unless you're using your Business Owners Account to add content to your business's profile page, we generally frown upon promotional content. Let's keep the site and Application useful for consumers and not overrun with commercial noise from every user.
  4. Relevance: Please make sure your contributions are relevant and appropriate to the platform. For example, reviews aren't the place for rants about a product owner or company's employment practices, political ideologies, extraordinary circumstances, or other matters that don't address the core of the consumer experience.
  5. Privacy: Don’t publicize other people’s private information. Please don’t post close-up photos or videos of other people without their permission, and please don’t post other people’s full names unless you’re referring to service providers who are commonly identified by or commonly share their own full names.
  6. Intellectual property: Please do not  swipe content from other sites or users. You’re smart, so write your own reviews and take your own photos and videos!

There is no tolerance for objectionable content. Your account will be terminated. You will never be able to re-use that phone number on Prefies.

No Soliciting

You agree not to use the Site and Application to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind.

Privacy

Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site outside of the United States, you consent to having your personal data transferred to and processed in the United States

SUGGESTIONS AND IMPROVEMENTS

By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Prefies and its users any claims and assertions of any moral rights contained in such Feedback.

THIRD PARTIES

The Site  and Application may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.

Some of the services made available through the Site may be subject to additional third party or open source licensing terms and disclosures, including the ones posted here and incorporated herein by reference.

INDEMNITY

You agree to indemnify, defend, and hold Prefies, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Prefies Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site and Apolication, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site and Application, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Prefies reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Prefies. Prefies will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE PREFIES ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

THE SITE AND APPLICATION ARE MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE PREFIES ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE AND APPLICATION ARE AT YOUR OWN DISCRETION AND RISK. THE PREFIES ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE AND APPLICATION, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE PREFIES ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE AND THE APPLICATION.

THE PREFIES ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE, THE APPLICATION OR THE SITE AND THE APPLICATION'S USERS. ACCORDINGLY, THE PREFIES ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE AND APPLICATION. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE AND APPLICATION IS AT YOUR OWN DISCRETION AND RISK.

THE PREFIES ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE AND APPLICATION, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE PREFIES ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE AND APPLICATION.

THE PREFIES ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE AND APPLICATION OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE PREFIES ENTITIES IN CONNECTION WITH THE SITE AND APPLICATION IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.

THE PREFIES ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

CHOICE OF LAW AND VENUE

California law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Prefies (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA.

TERMINATION

You never need to open an account in order to use Prefies. Prefies is freely available, without the need to open an account. However, there are certain features if you wish to access, in order to grant you access to those features, we ask you to verify your identity (such as through SMS authentication) before registering your mobile device and granting you access to those features. Should you wish to unregister your mobile device, please uninstall the Prefies mobile application and then optionally reinstall it.

If you do not agree with our Privacy Policy or Terms of Service, please uninstall the Prefies mobile application. Your continued usage of the Prefies mobile application will signify your assent to and acceptance of our Privacy Policy and Terms of Service. 

Please contact Prefies via email to support at prefies.com or available web forms with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.

We may close your account, suspend your ability to use certain portions of the Site and Application, and/or ban you altogether from the Site  and Application for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, the Application, Your Content, Site Content, Application Content or any other related information.

In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6, 10 - 14 will continue in full force and effect, including our right to use Your Content as detailed in Section 5.